Port Authorities Award 2010

Port Authorities Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 29 July 2017 (PR583049).

Clause(s) affected by the most recent variation:

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/240;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/15;AM2016/17;AM2016/8

Table of Contents

[Varied by PR991559,PR994535,PR546288,PR583049, PR584132]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Allowances

15. District allowances

16. Accident pay

17. Payment of wages

18. Superannuation

Part 5—Hours of Work and Related Matters

19. Ordinary hours of work and rostering

20. Breaks

21. Overtime and penalty rates

Part 6—Leave and Public Holidays

22. Annual leave

23. Personal/carer’s leave and compassionate leave

24. Community service leave

25. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classification Structure

Schedule C—Supported Wage System

Schedule D—School-based Apprentices

Schedule E—National Training Wage

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

Schedule H—Agreement for Time Off Instead of Payment for Overtime

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Port Authorities Award 2010.

2. Commencement and transitional

[Varied by PR991559,PR542171]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

    ●minimum wages and piecework rates

    ●casual or part-time loadings

    ●Saturday,Sunday,public holiday,evening or other penalties

    ●shift allowances/penalties.

[2.4 varied by PR542171 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542171 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542171 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

    (a) on its own initiative;or

    (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

    (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

    (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR994535,PR997772,PR503670,PR544281,PR546025]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of adult apprentice inserted by PR544281 ppc 01Jan14]

    adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship

    afternoon shift means a shift that commences after 10.00 am and before 8.00 pm

[Definition of agreement-based transitional instrument inserted by PR994535 from 01Jan10]

    agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of default fund employee inserted by PR546025 ppc 01Jan14]

    default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR546025 ppc 01Jan14]

    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503670] ppc 01Jan11]

    Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503670] ppc 01Jan11]

    Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR997772 from 01Jan10]

    employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

    employer means national system employer within the meaning of the Act

    enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of exempt public sector superannuation scheme inserted by PR546025 ppc 01Jan14]

    exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

[Definition of MySuper product inserted by PR546025 ppc 01Jan14]

    MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

    NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

    night shift means a shift that commences at or after 8.00 pm and before 5.00 am

[Definition of on-hire inserted by PR994535 from 01Jan10]

    on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

    port operator means an employer that has a statutory or contractual right to manage or control a port,provides access to the port and that provides port services

    port services includes:

    (a) infrastructure management and integration;

    (b) communications;

    (c) navigation services including channel marking and management and pilot transfers;

    (d) landside logistics,including loading and unloading facilities;

    (e) mooring and gangways;

    (f) sewage and waste disposal;

    (g) security;

    (h) emergency response;

    (i) dredging;

    (j) survey;and

    (k) passenger services.

    shiftwork means work performed by shiftworkers

    shiftworker means an employee who is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays

    standard rate means the minimum weekly rate for a Level 4 employee in clause 13

[Definition of transitional minimum wage instrument inserted by PR994535 from 01Jan10]

    transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

4. Coverage

[Varied by PR994535,PR529164]

4.1 This industry award covers employers throughout Australia who are port operators and their employees in the classifications listed in clause 13 to the exclusion of any other modern award.

[4.2 varied by PR529164 ppc 27Sep12]

4.2 The award does not cover maintenance contractors covered by the following awards:

    (a) the Manufacturing and Associated Industries and Occupations Award 2010;or

    (b) the Electrical,Electronic and Communications Contracting Award 2010.

4.3 The award does not cover an employee excluded from award coverage by the Act.

4.4 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.5,4.6 and 4.7 inserted by PR994535 from 01Jan10]

4.5 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.6 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.7 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

[4.5 renumbered as 4.8 by PR994535 from 01Jan10]

4.8 Where an employer is covered by more than one award,an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

    NOTE:Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means,whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

[Varied by PR542171]

7.1 Notwithstanding any other provision of this award,an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

    (a) arrangements for when work is performed;

    (b) overtime rates;

    (c) penalty rates;

    (d) allowances;and

    (e) leave loading.

[7.2 varied by PR542171 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

    (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

[7.3(b) varied by PR542171 ppc 04Dec13]

    (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

    (a) be in writing,name the parties to the agreement and be signed by the employer and the individual employee and,if the employee is under 18 years of age,the employee’s parent or guardian;

    (b) state each term of this award that the employer and the individual employee have agreed to vary;

    (c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

    (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment;and

    (e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures,including translation into an appropriate language,to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

[7.8(a) varied by PR542171 ppc 04Dec13]

    (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

    (b) at any time,by written agreement between the employer and the individual employee.

[Note inserted by PR542171 ppc 04Dec13]

    Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542171 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542171 ppc 04Dec13]

7.10 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

[8—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]

8.1 Consultation regarding major workplace change

    (a) Employer to notify

      (i) Where an employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.

      (ii) Significant effects include termination of employment;major changes in the composition,operation or size of the employer’s workforce or in the skills required;the elimination or diminution of job opportunities,promotion opportunities or job tenure;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

    (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

      (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).

      (iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

8.2 Consultation about changes to rosters or hours of work

    (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

    (b) The employer must:

      (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

      (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

      (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

    (c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

    (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

[Varied by PR542171]

9.1 In the event of a dispute about a matter under this award,or a dispute in relation to the NES,in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute,the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

[9.2 varied by PR542171 ppc 04Dec13]

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 9.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.

[9.3 varied by PR542171 ppc 04Dec13]

9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.

[9.4 varied by PR542171 ppc 04Dec13]

9.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person,organisation or association to accompany and or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

An employee may be engaged on a full-time,part-time or casual basis.

10.1 Full-time employment

    A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.

10.2 Part-time employment

    (a) A part-time employee is an employee who:

      (i) is engaged to work an average of fewer than 38 ordinary hours per week;and

      (ii) receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees who do the same kind of work.

    (b) For each hour worked,a part-time employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 13.

    (c) Before commencing part-time employment the employee and employer must agree upon the number of hours to be worked each day,the days of the week the employee will work and the starting and finishing times each day.

    (d) All time worked in excess of the agreed hours will be paid at the appropriate overtime rate.

10.3 Casual employment

    (a) A casual employee is one engaged and paid as such. A casual employee’s ordinary hours of work are the lesser of 38 hours per week or the hours required to be worked by the employer.

    (b) For each hour worked,a casual employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 13,plus a casual loading of 25%.

    (c) The casual loading is paid instead of annual leave,paid personal/carer’s leave,notice of termination,redundancy benefits and the other attributes of full-time or part-time employment. The loading constitutes part of the casual employee’s all purpose rate.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

    The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.3 Job search entitlement

    Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

[Varied by PR994535,PR503670;PR561478]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

    Where an employee is transferred to lower paid duties by reason of redundancy,the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may,at the employer’s option,make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

12.3 Employee leaving during notice period

    An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.

12.4 Job search entitlement

    (a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

    (b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment,the employee must,at the request of the employer,produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

    (c) This entitlement applies instead of clause 11.3.

12.5 Transitional provisions –NAPSA employees

[12.5varied byPR994535;renamed by PR503670;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503670;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Allowances

15. District allowances

16. Accident pay

17. Payment of wages

18. Superannuation

13. Classifications and minimum wage rates

[Varied by PR997938,PR509082,PR522913,PR536716,PR544281,PR549884,PR551639,PR559294,PR566724,PR579821,PR592149,PR593835]

13.1 Adult employees

[13.1(a) varied by PR997938,PR509082,PR522913,PR536716,PR551639,PR566724,PR579821,PR592149 ppc 01Jul17]

    (a) A full-time adult employee must be paid a weekly rate as set out below.

    Level

    Minimum weekly rate
    $

    Level 1

    694.90

    Level 2

    732.60

    Level 3

    767.80

    Level 4

    809.10

    Level 5

    834.40

    Level 6

    859.80

    Level 7

    882.80

    Level 8

    933.80

    Level 9

    1000.90

    Level 10

    1061.80

    Level 11

    1195.90

    Level 12

    1350.80

    Level 13

    1964.60

    Level 14

    2059.60

    Level 15

    2154.90

13.2 Junior employees

    Where the law permits junior employees to perform work covered by this award,the junior employee will be entitled to the percentage of the applicable adult weekly rate (in the case of part-time or casual employees the hourly rate) for their classification as set out in the table below.

    Age

    Percentage of adult rate

     

    %

    16 years or under

    75

    At 17 years

    85

    At 18 years

    100

13.3 Apprentices and trainees

[13.3 substituted by PR544281;substituted by PR593835 ppc 01Jul17]

    (a) The terms of this award apply to apprentices and trainees,subject to the provisions of an applicable contract of apprenticeship or training agreement operating under federal,State or Territory apprenticeship or training legislation.

[Substituted by PR593835 ppc 01Jul17]

    (b) National training wage

      (i) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

      (ii) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Port Authorities Award 2010 and not the Miscellaneous Award 2010.

[13.3(c) substituted by PR549884 ppc 01Jan14]

    (c) Apprentices who commenced before 1 January 2014 will be entitled to the percentage of the applicable adult weekly rate for their classification as set out in the table below.

    Year of apprenticeship

    Percentage of adult rate
    %

      

    1st year

    45

    2nd year

    55

    3rd year

    75

    4th year

    88

[13.3(d) substituted by PR566724 ppc 01Jul15]

    (d) Apprentices who commenced their apprenticeship on or after 1 January 2014 will be entitled to the rate prescribed in clause 13.3(c) or the following percentage of the Level 4 adult weekly rate in clause 13.1(a) whichever is the greater:

    Year of apprenticeship

    Percentage of standard rate for apprentices who have not completed year 12

    %

    Percentage of standard rate for apprentices who have completed year 12

    %

    1st year

    50

    55

    2nd year

    60

    65

    3rd year

    75

    75

    4th year

    88

    88

    (e) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the minimum wage rate for the Level 4 classification,or the rate prescribed by clause 13.3(c) or 13.3(d) for the relevant year of the apprenticeship,whichever is the greater.

    (f) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 13.1Adult employees,or the rate prescribed by clause 13.3(c) or 0 for the relevant year of the apprenticeship,whichever is the greater.

    (g) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement,provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 13.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

13.4 Apprentice conditions of employment

[New 13.4 inserted by PR559294 ppc 01Jan15]

    (a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract,and such training requires an overnight stay,the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that this clause will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

    (b) For the purposes of clause 13.4(a) above,excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,which exceed those incurred in travelling to and from work. For the purposes of this subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

    (c) The amount payable by an employer under clause 13.4(a) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

    (d) All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship ,which are paid by an apprentice,shall be reimbursed by the employer within six months of the commencement of the apprenticeship or the relevant stage of the apprenticeship,or within three months of the commencement of the training provided by the RTO,whichever is the later,unless there is unsatisfactory progress.

    (e) An employer may meet its obligations under clause 13.4(d) by paying any fees and/or cost of textbooks directly to the RTO.

    (f) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in,or associated with,the training contract.

    (g) Time spent by an apprentice in attending any training and/or assessment specified in,or associated with,the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. This subclause operates subject to the provisions of Schedule D—School-based Apprentices.

    (h) No apprentice will,except in an emergency,work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

13.5 Supported wage system

[13.4 renumbered as 13.5 by PR559294 ppc 01Jan15]

13.6 School-based apprentices

[13.5 renumbered as 13.6 by PR559294 ppc 01Jan15]

13.7 National training wage

[13.6 renumbered as 13.7 by PR559294 ppc 01Jan15;deleted by PR593835 ppc 01Jul17]

14. Allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR998170,PR523034,PR536837,PR551760,PR579568,PR592311]

14.1 Expenses incurred in the course of employment

    (a) Motor vehicle/motorcycle reimbursement rate

      (i) Reimbursement for the use of a private motor vehicle/motorcycle will only occur where the employer has given approval prior to the actual use of the private motor vehicle/motorcycle by the employee.

[14.1(a)(ii) varied by PR523034,PR536837, PR551760 ppc 01Jul14]

      (ii) Where approval has been given for the use of the private motor vehicle/motorcycle by the employer,employees will be paid an allowance of $0.78 per kilometre.

    (b) Protective clothing and equipment

      Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory covered by this award,the employer must reimburse the employee for the cost of purchasing such special clothing and equipment. The provisions of this paragraph do not apply where the clothing and equipment is supplied by the employer.

    (c) Tools

[14.1(c) varied by PR998170,PR579568,PR592311 ppc 01Jul17]

      A qualified tradesperson (Level 4 and above) who is required by the employer to provide tools will be paid $15.29 per week for supplying and maintaining tools ordinarily required for the performance of their work as tradespersons.

    (d) Electrician’s licence allowance

      An electrical worker who is an electrical mechanic who holds and in the course of their duties may be required to use an unrestricted licence must be paid an all-purpose allowance of 4.55% of the standard rate per week.

14.2 Allowances for responsibilities or skills that are not taken into account in rates of pay

    (a) First aid allowance

      An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid a weekly allowance of 1.8% of the standard rate if appointed by the employer as a first aid officer.

    (b) Higher duties allowance

      An employee performing the tasks,role and responsibilities of an employee at a higher classification on a temporary basis for one shift or day,must be paid at the higher wage rate for the period they perform those duties.

14.3 Adjustment of expense related allowances

    (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

[14.3(b) varied by PR523034 ppc 01Jul12]

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Tools allowance

    Tools and equipment for house and garden component of the household appliances,utensils and tools sub-group

    Vehicle allowance

    Private motoring sub-group

   

15. District allowances

[Varied by PR994535l;deleted by PR561478 ppc 05Mar15]

16. Accident pay

[Varied by PR994535,PR503670;deleted by PR561478 ppc 05Mar15]

17. Payment of wages

17.1 Wages will be paid weekly or fortnightly unless otherwise agreed between the employer and the employee.

17.2 Wages will be paid by cash or electronic funds transfer (EFT).

18. Superannuation

[Varied by PR990819,PR994535,PR546025,PR549528]

18.1 Superannuation legislation

    (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.

    (b) The rights and obligations in these clauses supplement those in superannuation legislation.

18.2 Employer contributions

    An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

18.3 Voluntary employee contributions

    (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

    (b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.

    (c) The employer must pay the amount authorised under clauses 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made.

18.4 Superannuation fund

[18.4 varied by PR994535 from 01Jan10]

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 18.2. and pay the amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor:

    (a) First State Super (NSW);

[18.4(b) deleted by PR546025 ppc 01Jan14]

[18.4(c) deleted by PR546025 ppc 01Jan14]

[18.4(d) renumbered as 18.4(b) by PR546025 ppc 01Jan14]

    (b) Sunsuper;

[18.4(e) renumbered as 18.4(c) by PR546025 ppc 01Jan14]

    (c) QSuper;

[18.4(f) renumbered as 18.4(d) by PR546025 ppc 01Jan14]

    (d) Tasplan;

[18.4(g) deleted by PR546025 ppc 01Jan14]

[18.4(h) deleted by PR546025 ppc 01Jan14]

[18.4(i) deleted by PR546025 ppc 01Jan14]

[18.4(j) deleted by PR546025 ppc 01Jan14]

[18.4(k) renumbered as 18.4(e) by PR546025 ppc 01Jan14]

    (e) Equipsuper;

[18.4(l) renumbered as 18.4(f) by PR546025 ppc 01Jan14]

    (f) M.T.A.A. Super Fund;

[18.4(m) renumbered as 18.4(g) by PR546025 ppc 01Jan14]

    (g) Statewide Superannuation Trust (SST);

[18.4(n) renumbered as 18.4(h) by PR546025 ppc 01Jan14]

    (h) Maritime Super;

[18.4(o) renumbered as 18.4(i) by PR546025 ppc 01Jan14]

    (i) AMP Superannuation Savings Trust;

[18.4(p) deleted by PR546025 ppc 01Jan14]

[New 18.4(j) inserted by PR549528 ppc 01Jan14]

    (j) Westscheme

[18.4(q) renumbered as 18.4(j) and varied by PR546025 ppc 01Jan14;renumbered as 18.4(k) by PR549528 ppc 01Jan14]

    (k) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme;or

[New 18.4(k) inserted by PR546025 ppc 01Jan14;renumbered as 18.4(l) by PR549528 ppc 01Jan14]

    (l) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Hours of Work and Related Matters

19. Ordinary hours of work and rostering

20. Breaks

21. Overtime and penalty rates

19. Ordinary hours of work and rostering

19.1 This clause supplements Division 3 of the NES which deals with maximum weekly hours.

19.2 Day workers

    (a) Subject to clause 19.5,the ordinary hours of work for day workers are an average of 38 hours per week but not exceeding 608 hours over a period of 16 weeks.

    (b) The ordinary hours of work may be worked on any day of the week including Saturday and Sunday provided that work on a Saturday or Sunday has been agreed between the employer and an employee or between the employer and the majority of a group of employees.

    (c) The ordinary hours of work are to be worked continuously,except for meal breaks,at the discretion of the employer between 6.00 am and 7.00 pm. The spread of hours of 6.00 am and 7.00 pm may be altered by agreement between the employer and an employee or between the employer and the majority of a group of employees.

    (d) Unless an agreement has been reached in accordance with clause 19.2(c),all work outside the spread of hours will be paid at time and a half between midnight on Friday and midnight on Saturday and double time between midnight on Saturday and midnight on Sunday.

    (e) A day worker required to work on a public holiday will be paid at double time and a half for all such work and for a minimum of four hours.

19.3 Continuous shiftworkers

    (a) Continuous shiftwork means work carried on with continuous shifts of employees throughout the 24 hours of each day in the week without interruption except for breakdowns or unavoidable causes beyond the control of the employer.

    (b) The ordinary hours of continuous shiftworkers are,at the discretion of the employer,to average 38 hours per week inclusive of meal breaks and must not exceed 608 hours in 16 weeks.

    (c) Continuous shiftworkers may be required to work shifts up to 12 hours in duration for ordinary hours of work provided that a continuous shiftworker will not work more than one shift in any day other than for a regular changeover of shifts.

19.4 Non-continuous shiftworkers

    (a) The ordinary hours of non-continuous shiftworkers are,at the discretion of the employer,to average 38 hours per week and must not exceed 608 hours in 16 weeks.

    (b) The ordinary hours of work must be worked continuously,except for meal breaks,at the discretion of the employer.

    (c) Non-continuous shiftworkers may be required to work shifts up to 12 hours in duration for ordinary hours of work provided that a non-continuous shiftworker will not work more than one shift in any day other than for a regular changeover of shifts.

19.5 Methods of arranging ordinary working hours

    (a) Subject to the employer’s right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in clause 19.2(c) and the employer’s right to fix the commencing and finishing time of shifts from time to time,the arrangement of ordinary working hours must be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.

    (b) The matters on which agreement may be reached include:

      (i) how the hours are to be averaged within a work cycle established in accordance with clauses 19.2,19.3 and 19.4;

      (ii) the duration of the work cycle for day workers provided that such duration does not exceed three months;

      (iii) rosters which specify the starting and finishing times of working hours;

      (iv) a period of notice of a rostered day off which is less than four weeks;

      (v) substitution of rostered days off;

      (vi) accumulation of rostered days off;

      (vii) arrangements which allow for flexibility in relation to the taking of rostered days off;and

      (viii) any arrangements of ordinary hours which exceed eight hours in any day.

    (c) Subject to clauses 19.3(c) and 19.4(c),by agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned,12 hour days or shifts may be introduced subject to:

      (i) proper health monitoring procedures being introduced;

      (ii) suitable roster arrangements being made;

      (iii) proper supervision being provided;

      (iv) adequate breaks being provided;and

      (v) a trial or review process being jointly implemented by the employer and the employees or their representatives.

    (d) Where an employee works on a shift other than a rostered shift,the employee must:

      (i) if employed on continuous work,be paid at the rate of double time;or

      (ii) if employed on other shiftwork,be paid at the rate of time and a half for the first three hours and double time thereafter.

    (e) Clause 19.5(d) does not apply when the time is worked:

      (i) by arrangement between the employees themselves;

      (ii) for the purposes of effecting the customary rotation of shifts;or

      (iii) on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment in accordance with s.524 of the Act.

19.6 Daylight saving

    (a) Where by reason of State or Territory legislation summer time is prescribed as being in advance of the standard time in that State,the length of any shift commencing before the time prescribed by the relevant legislation for the commencement of a summer time period or commencing on or before the time prescribed by the relevant legislation for the termination of a summer time period,is deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of the shift. The time of the clock in each case is to be set to the time fixed by the relevant legislation.

    (b) The terms standard time and summer time have the same meaning as in the relevant State or Territory legislation.

19.7 Make-up time

    (a) An employee may elect,with the consent of the employer,to work make-up time under which the employee takes time off during ordinary hours,and works those hours at a later time,during the spread of ordinary hours provided in this award.

    (b) An employee on shiftwork may elect,with the consent of their employer,to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time,at the rate which would have been applicable to the hours taken off.

19.8 Rostering

    (a) The employer may change shift rosters or require an employee to work a different shift roster where operational circumstances require. The employer will provide the employee with as much notice as practicable prior to any change in the roster and,wherever possible,the employer will consult with the employee before any change to the roster is made.

    (b) The employer will arrange overtime work or shiftwork in a manner that ensures employees are provided with a break between work on successive days or shifts. The minimum break will reflect the operational requirements and conform to the principles of fatigue management.

20. Breaks

20.1 An employee,other than a continuous shiftworker on shifts greater than 10 hours,may be rostered for an unpaid meal break of not less than 30 minutes and not more than 60 minutes during the course of an eight hour shift provided that it does not interfere with operational requirements. Where an unpaid meal break is provided,the employee,where practical,should not be required to work more than five hours without a break.

20.2 A continuous shiftworker employee on a shift of greater than 10 hours will be entitled to one paid 20 minute meal break during the first five hours of each shift and a further paid 10 minute break within each subsequent period of four hours,provided that such breaks do not interfere with operational requirements.

20.3 An employee,other than a continuous shiftworker,who works eight hours or more during any shift will be entitled to two 10 minute paid rest breaks,one in the morning and one in the afternoon.

20.4 An employee,other than a continuous shiftworker,who works less than eight hours during any shift but more than five hours will be entitled to one 10 minute paid rest break at a time agreed with the employer.

21. Overtime and penalty rates

[Varied by PR529164,PR584132]

21.1 Overtime

    All time worked in excess of or outside ordinary hours will be paid as overtime.

21.2 Except as provided otherwise in this clause employees will be entitled to be paid:

    (a) a loading of 50% of the ordinary hourly minimum rate of pay for the first three hours and 100% the ordinary hourly minimum rate of pay thereafter for any time worked outside of ordinary hours on a Monday to Friday,except for public holidays;

    (b) for all ordinary hours and overtime worked between midnight Friday and midnight Saturday a loading of 50% of the ordinary hourly minimum rate of pay;and

    (c) if recalled to work on site at the employer’s premises an employee will be paid a minimum of three hours at the applicable overtime rate or two hours if they are notified whilst still on the premises.

21.3 Time off instead of payment for overtime

[21.3 substituted by PR584132 ppc 22Aug16]

    (a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

    (b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 21.3.

    (c) An agreement must state each of the following:

      (i) the number of overtime hours to which it applies and when those hours were worked;

      (ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

      (iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;

      (iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.

      Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 21.3 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

    (d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

      EXAMPLE:By making an agreement under clause 21.3 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

    (e) Time off must be taken:

      (i) within the period of 6 months after the overtime is worked;and

      (ii) at a time or times within that period of 6 months agreed by the employee and employer.

    (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 21.3 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

    (g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

    (h) The employer must keep a copy of any agreement under clause 21.3 as an employee record.

    (i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

    (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 21.3 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

      Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

    (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 21.3 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.3.

21.4 Shiftwork penalties

[21.4 varied by PR529164 ppc 27Sep12]

    (a) An employee whilst on afternoon shift will be paid a loading of 12.5% of the employee’s ordinary hourly minimum rate of pay.

    (b) An employee whilst on night shift will be paid a loading of 15% of the employee’s ordinary hourly minimum rate of pay.

21.5 Sunday work

    An employee will be paid a loading of 100% of the ordinary hourly minimum rate of pay for any hours,ordinary and overtime,worked on a Sunday.

21.6 Public holidays

    An employee will be paid a loading of 150% of the ordinary hourly minimum rate of pay for any hours,ordinary and overtime,worked on a public holiday.

Part 6—Leave and Public Holidays

22. Annual leave

23. Personal/carer’s leave and compassionate leave

24. Community service leave

25. Public holidays

22. Annual leave

[Varied by PR583049]

22.1 The following provisions supplement the NES.

22.2 For the purpose of the NES a shiftworker as defined in this award and a permanent night shiftworker are entitled to five weeks of paid annual leave.

22.3 Subject to clause when an employee takes a period of paid annual leave,the employee will be paid an annual leave loading of 17.5% of the minimum rate of pay for the period in addition to the payment required to be made under the NES. The annual leave loading for a shiftworker is 20%.

22.4 Annual leave in advance

[22.4 substituted by PR583049 ppc 29Jul16]

    (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

    (b) An agreement must:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

      (ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

      Note:An example of the type of agreement required by clause 22.4 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.

    (c) The employer must keep a copy of any agreement under clause 22.4 as an employee record.

    (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.4,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

22.5 Excessive leave accruals:general provision

[22.5 substituted by PR583049 ppc 29Jul16]

    Note:Clauses 22.5 to 22.7 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

    (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 3.1).

    (b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

    (c) Clause 22.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 22.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

22.6 Excessive leave accruals:direction by employer that leave be taken

[22.6 inserted by PR583049 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 22.5(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

    (b) However,a direction by the employer under paragraph (a):

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.5,22.6 or 22.7 or otherwise agreed by the employer and employee) are taken into account;and

      (ii) must not require the employee to take any period of paid annual leave of less than one week;and

      (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

      (iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

    (c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.

    (d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.

    Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 22.6(b)(i).

    Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

22.7 Excessive leave accruals:request by employee for leave

[22.7 inserted by PR583049;substituted by PR583049 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 22.5(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

    (b) However,an employee may only give a notice to the employer under paragraph (a) if:

      (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

      (ii) the employee has not been given a direction under clause 22.6(a) that,when any other paid annual leave arrangements (whether made under clause 22.5,22.6 or 22.7 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

    (c) A notice given by an employee under paragraph (a) must not:

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.5,22.6 or 22.7 or otherwise agreed by the employer and employee) are taken into account;or

      (ii) provide for the employee to take any period of paid annual leave of less than one week;or

      (iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

      (iv) be inconsistent with any leave arrangement agreed by the employer and employee.

    (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 3.1) in any period of 12 months.

    (e) The employer must grant paid annual leave requested by a notice under paragraph (a).

22.8 Cashing out of annual leave

[22.8 inserted by PR583049 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.8.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.8.

    (c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

    (d) An agreement under clause 22.8 must state:

      (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

      (ii) the date on which the payment is to be made.

    (e) An agreement under clause 22.8 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

    (f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

    (g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

    (h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

    (i) The employer must keep a copy of any agreement under clause 22.8 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 22.8.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.8.

    Note 3:An example of the type of agreement required by clause 22.8 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

23. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

24. Community service leave

Community service leave is provided for in the NES.

25. Public holidays

25.1 Public holiday entitlements are provided for in Division 10 of the NES.

25.2 An employee will be paid at the rate of double time and a half with a minimum of four hours work when required to work on a public holiday.

Schedule A—Transitional Provisions

[Varied by PR991559,PR503670]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied:

    (a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

    (b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

    (c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

    (d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

   

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

    For the purposes of this schedule loading or penalty means a:

    ●casual or part-time loading;

    ●Saturday,Sunday,public holiday,evening or other penalty;

    ●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

    First full pay period on or after

     

    1 July 2010

    20%

    1 July 2011

    40%

    1 July 2012

    60%

    1 July 2013

    80%

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Former Division 2B employers

[A.8 inserted by PR503670 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3 where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classification Structure

[Varied by PR991559]

Preamble

Employees at each level may be required to have the competencies for the level or levels below their level. When required,employees at each level will undertake lower level duties as well as performing tasks incidental to work at their level. The employer will ensure employees undertake duties which are within the limits of the employee’s skills,competence and training. The level of an employee’s position will be determined by the employer based on the substantive duties and functions of the employee’s position. An employee being required to undertake minor activities from a higher level will not result in a change in the position classification.

B.1 Level 1

    ●Completed induction

    ●Works under detailed instruction

    ●Basic civil/maintenance work,mooring deckhand,cleaning wharves and sheds

    ●Operating small plant,fork lifts (up to 10,000 kg),bob cats,sweepers,line markers

B.2 Level 2

    ●Perform duties above Level 1

    ●Carry out basic computer functions including secure logins,reading and composing basic electronic mail and finding documents within the company’s intranet or electronic file storage systems

    ●Works under close direction

    ●Responsible for quality of work and exercises discretion

    ●Operates small to medium size plant (over 10,000 kg),installs wharf infrastructure bollards,fenders etc.

    ●Concrete pouring and finishing

    ●Handles emergency equipment including oil booms and collecting gear

    ●Handles tapes and surveying equipment,winches and fixed cranes for heavy floating

    ●Provides basic security functions including patrols,crowd control,and traffic management

    ●Entry level for hospitality staff

    ●Basic dredge maintenance work on minor plant,loading stores and watch keeping

B.3 Level 3

    ●Perform activities above Level 2

    ●Assists in on-the-job training

    ●Carry out more advanced computer functions such as creating documents,basic spreadsheets,saving and retrieving files and basic document formatting. Completing data entry activities relating to the work performed

    ●Basic clerical skills and administrative activities working within a routine and to administrative procedures

    ●May require direction

    ●Rigging and scaffolding certificate

    ●Servicing of minor plant (non-trade work)

    ●Inventory control and maintenance of records

    ●Work may be subject to progress and final checking

    ●Provides security functions including those at Level 2 and Control Room and or CCTV

B.4 Level 4

    ●Perform activities above Level 3

    ●Working knowledge of office operating procedures

    ●Works under guidelines and instructions

    ●Performs skilled trade or port related activities such as boat master for vessels not exceeding 24 metres

    ●Operating light capacity cranes and or ships’gear,heavy mechanical plant and equipment,operating trucks,operating bulk handling gantries/loaders,and basic servicing and maintenance of such equipment

    ●Perform maintenance and construction duties requiring specialised knowledge and skills

    ●Qualified tradesperson

    ●May provide assistance or guidance to lower level employees

    ●May exercise limited judgment and initiative within the range of their skills,training and knowledge

    ●Maintains radio and visual watch of shipping traffic

    ●Provide information on shipping movements

    ●Operate and maintain dredge equipment,within the requirements of an Integrated Rating qualification (certificate III)

B.5 Level 5

    ●Performs activities above Level 4

    ●Using company information systems to access and enter information relating to port activities which could include schedules,meteorology information and technical databases,and retrieve and analyse data related to the work performed.

    ●Requires general guidance

    ●May assist in the training of lower level employees

    ●Supervises small work groups

    ●Prepares technical reports to their level of competence

    ●Complies with quality and cost targets

    ●Understands and implements quality control techniques

    ●Assists in the co-ordination of port services to ships

    ●Supervision of general purpose hands on dredges

B.6 Level 6

    ●Performs activities above Level 5

    ●Requires limited guidance or direction and normally reports to more senior staff as required

    ●Exercises initiative,discretion and judgment at times in the performance of their duties within approved guidelines

    ●Understands and implements quality control techniques

    ●Operation and servicing of heavy shorebased cranes and equipment

    ●Installing,repairing and maintaining,testing,modifying,commissioning or fault finding on complex machinery and equipment

    ●Exercise knowledge of procedures,instructions and regulations relating to general administration and customer enquiries

    ●Undertake a range of duties requiring the use of written and verbal communications using a variety of computer applications

    ●Responsible for ensuring the safe navigation and operation of a dredge in both confined waters and open seas (Master Class IV)

    ●Organise,carry out and supervise routine dredge maintenance including electrical and electronic equipment. Must possess relevant engineering qualifications for this role.

B.7 Level 7

    ●Performs duties above Level 6

    ●The ability to apply detailed knowledge of enterprise operations and structures to complex issues and arrangements

    ●Work involves diagnosis and the implementation of modification techniques

    ●Assist in programming of work and projects and development of estimates

    ●Undertake and accept responsibility for more detailed and complex clerical duties than Level 6

    ●Supervises employees below Level 7,including in allocation of duties and counselling on performance matters

    ●Are able to train employees below Level 7

    ●Able to assist in the delivery of training courses

    ●Accept responsibility for part of a major clerical function

    ●Exercise initiative,discretion and judgment in the performance of their duties

    ●Operate with some autonomy

B.8 Level 8

    ●Perform duties above Level 7

    ●Provides technical guidance and advice

    ●Prepares reports of technical nature

    ●Has operating knowledge of systems and equipment relative to a marine environment

    ●Acts as a team leader and assists in the provision of on-the-job training in conjunction with supervisors and trainers

    ●Accept the responsibility for the delivery of an administrative function through the provision of a level of relevant skills,knowledge and experience in a specific area of operations

    ●Have delegated responsibility for work under their control,in terms of scheduling workloads,resolving operational problems and monitoring quality of output

    ●Regular liaison with business unit managers

    ●Supervises and provides on-the-job training for lower level employees

    ●May be required to counsel staff for performance and work related matters

    ●Holds an Associate Diploma qualification or equivalent in a relevant discipline

    ●Applies standardised practices and procedures in the conduct of a range of technical activities

    ●Undertake activities on an individual basis

    ●Provides written calculation and records of test results

B.9 Level 9

    ●Perform duties above Level 8

    ●Provides high level of practical skills and experience in a specialist administrative function

    ●Has a sound knowledge of organisational programs,policies,activities,structures and function

    ●Work within broadly defined guidelines under limited direction

    ●Sets up,commissions,maintains and operates sophisticated electronic equipment or control systems

    ●Specialises in a single technical function

    ●Responsible for the accuracy and timeliness of their work without direct supervision

    ●Has a high level of verbal and written communication skills and interpersonal skills

    ●Supervises and co-ordinates the work of a group of technical and other personnel

    ●Practical application of a very high level of field operational skills related to the marine environment

    ●Provides reports and recommendations to management on technical suitability of equipment,procedures,processes and test results

    ●Undertakes planning and design projects with increasing levels of operational independence

    ●Reports on findings and investigative results of minor projects or elements of a larger projects

    ●Financial delegation responsibilities

    ●Oversees elements of project budget

    ●Performs technical duties in a specific field

    ●Possesses additional skills in another technical field

B.10 Level 10

    ●Perform duties above Level 9

    ●Responsible for a wide range of administrative support services

    ●Typically will have worked or studied in a relevant field to enable them to provide specialist advice

    ●Provides advice and assistance to managers and internal clients in a range of areas

    ●Hold relevant tertiary qualifications

    ●Has ability to analyse situations and take corrective action where required

    ●Responsible for decision making,exercising judgment and delegated authority

    ●Determines standards and work objectives

    ●Train and supervise lower level employees and deliver training courses

    ●Required to counsel employees at lower levels for performance and work related matters

    ●Provides specialist consultancy services

    ●Exercise significant technical responsibilities on an individual basis

    ●A senior member of a single technical discipline project team with varying degrees of subordinate complexity

    ●Determines and develops standardised methodology

    ●Conducts research into technological and other development which will impact on Section operations

    ●Operate as a team leader under professional supervision

    ●Analyse and develop equipment utilising a combination of professional expertise

    ●Undertake project studies independently

    ●Possesses a general knowledge and awareness of the administrative,business,and marketing strategies of the enterprise

    ●Plans,writes and delivers training programs for clerical employees,production employees,apprentices,trainees,trade and lower technical levels

B.11 Level 11

    ●Responsible for the management and administration of significant work programs/projects

    ●Work under broad direction

    ●Exercise significant level of responsibility and decision making which impacts on organisation programs

    ●Provide expert advice through the application of extensive administrative knowledge and experience

    ●Exercise significant resource delegations

    ●Supervise day to day activities of others and manage rosters and relief

    ●Liaise with senior managers on complex matters

    ●Have strong interpersonal skills and an ability to work autonomously

    ●High level of knowledge of specialised computer systems

B.12 Level 12

    (a) Duties

      This is the first level of direct and sustained supervision of other professionals or full specialisation. It requires application of mature professional knowledge in planning and conducting projects having scope for independent accomplishment and coordination of the difficult and responsible assignments. Assigned problems make it necessary to modify established guides,devise new approaches,apply existing criteria in new manners,and draw conclusions from comparative situations.

    (b) Recommendations and decisions

      Recommendations reviewed for soundness of judgment,but usually accepted as technically accurate and feasible.

    (c) Supervision received

      Work is assigned in terms of objectives,relative priorities and critical areas that impinge on work of other units. Work is carried out within broad guidelines,but informed guidance is available.

    (d) Authority and/or supervision exercised

      Assigns and outlines work;advises on technical problems;reviews work on technical accuracy and adequacy. Supervision may call for recommendations concerning selection,training and discipline of staff.

B.13 Level 13

    A Marine Pilot Level 1

B.14 Level 14

    A Marine Pilot Level 2

B.15 Level 15

    A Marine Pilot Level 3

Schedule C—Supported Wage System

[Varied by PR991559,PR994535,PR998748,PR510670,PR525068,PR537893,PR542171,PR551831,PR568050,PR581528,PR592689]

C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

    approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

    assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

    disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth),as amended from time to time,or any successor to that scheme

    relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

    supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au

    SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate

C.3 Eligibility criteria

C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4 Supported wage rates

C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

    Assessed capacity (clause C.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[C.4.2 varied by PR994535,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

C.4.2 Provided that the minimum amount payable must be not less than $84 per week.

C.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.

C.5 Assessment of capacity

C.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.

C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR542171 ppc 04Dec13]

C.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.

[C.6.2 varied by PR542171 ppc 04Dec13]

C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

C.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

C.8 Other terms and conditions of employment

Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

C.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

C.10 Trial period

C.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[C.10.3 varied by PR994535,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528, PR592689 ppc 01Jul17]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $84 per week.

C.10.4 Work trials should include induction or training as appropriate to the job being trialled.

C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause C.5.

Schedule D—School-based Apprentices

[Varied by PR991559,PR544281]

D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.

D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

D.4 For the purposes of clause D.3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.

D.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

D.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on-the-job.

D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

[D.8 substituted by PR544281 ppc 01Jan14]

D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency based progression if provided for in this award.

[D.9 substituted by PR544281 ppc 01Jan14]

D.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

[D.10 substituted by PR544281 ppc 01Jan14]

D.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule E—National Training Wage

[Sched E inserted by PR994535 ppc 01Jan10;varied by PR991559,PR997938,PR509082,PR522913,PR536716,PR545787,PR551639,PR566724,PR579821;deleted by PR593835 ppc 01Jul17]

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583049 ppc 29Jul16]

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR583049 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement for Time Off Instead of Payment for Overtime

[Sched H inserted by PR584132 ppc 22Aug16]

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started:___/___/20___ ____ am/pm

Date and time overtime ended:___/___/20___ ____ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

About this document
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Code:
MA000051
Title:
Port Authorities Award 2010
Effective:
29 Jul 2017
Updated:
9 Aug 2017
Instrument Type:
Modern Award
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